Utilization And Protection Of Functional Limitation In The Field Of Mechanics

Functional limitation, has been discussed for long since its birth in1952. And, inthe field of mechanics, functional limitation plays important role in the claims, as amatter of fact, it can’t be substituted. However, the cases related to “functionallimitation” have been more and more complicated, which not only has delayedjudicial proceeding, but also may keep the litigants from finishing other inventions,besides, the public may be confused,too, for how to protect patents related to“functional limitation” and what on earth is the standarda of the protection. Thereasons are as follows， failure in understanding the meaning of the functionallimitation， disability in writing “functional limitation”, and conflict between doublestandard of explanation.Nowadays, solutions are “Imitation”,“Case Study” and “Keeping it Off”.Butthose three each has obvious drawback, for we can hardly find the right one to be“Imitated”, it is too difficult to realize the “Case Study”, and the “functionallimitation” can not be “Keeped Off”.To seek the right way, reference has been made on the foreign countries andareas. The rules quoted in this part is directly interpreted from its original versionwrote in English, which makes it clearer to show better expressions and the differentinclinations of various countries. In order to express the diverse reactions to thesimilar situations of the various coutries vividly, a virtual case of separable vacuum cleaner to be exported has been cited. Following that, from the rules to the case, thesuggestions suitable for our country can be worked out.Firstly, we should improve the rules of “functional limitation”, including thedefinition,the descrpition in “Guidelines for Examination in China” and in “Thesupreme people’s court on the trial of infringing the patent dispute cases applicationof law in the explanation of some issues”.Secondly, we should enhance our writingability of patent application documents. Lastly, the different standards of explanationshould be unified in the field of mechanics according to the character of mechanicsitself.The conclusion has illustrated the main point of the essay and insisted on theproposals once again.